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Oro Valley is known for its many local attractions, including Mission San Xavier del Bac, the Flandrau Science Center & Planetarium, the Vista Sun Wheel, and the Oro Valley Farmer’s Market. And if you get arrested for driving under the influence (DUI) in Oro Valley, you could also discover one of its lesser-known city features: the Oro Valley Town Court.
The Oro Valley Town Court is an Arizona Magistrate Court with jurisdiction over misdemeanor-level crimes committed within the city limits, including misdemeanor DUI cases.
If you have been charged with a DUI in Oro Valley, do not make the mistake of thinking that its smaller population means that you will be facing a small-town prosecution. Hire an expert DUI defense attorney to defend yourself in Oro Valley to ensure you are just as defended as you would be in Phoenix.
At Rosenstein Law Group, our Oro Valley DUI lawyers are qualified in plea negotiations and trial defense. Call our law office today at 480-248-7666 for a free DUI consultation to learn how our criminal defense attorneys can help you defend yourself against DUI charges.
ARS 28-1381 is Arizona’s DUI statute. It defines driving under the influence as operating or being in actual physical control of a motor vehicle while being under the influence of any type of intoxicating liquor, drug, or vapor-based toxic substance.
Blood alcohol concentration (BAC) is a measuring standard used in Arizona to determine if a person is under the influence of alcohol. A BAC of 0.08% or higher is considered legally drunk. You are also considered under the influence if you are on certain illegal drugs or prescription medications without a valid prescription.
In two alcohol-related DUI situations, you do not need to have a BAC of 0.08% to be charged with DUI:
An Arizona driver’s license carries with it your implied consent to submit to DUI breath, chemical, or blood tests during traffic stops. If you refuse to take a breathalyzer test at the station or processing facility (be aware that this is not the portable breath testing device often administered on-scene, you do not have to consent to that test under Arizona’s Admin Per Se consent law), or refuse to submit to a blood test when stopped for an alleged DUI in Oro Valley, then you have violated the terms of your implied consent.
If this happens, the Arizona Motor Vehicles Division (MVD) will suspend your driving privileges for one year. This license suspension is separate and apart from any DUI sentence the court might impose if you are convicted.
Even if you are not convicted of a DUI, the Arizona MVD suspension of your driver’s license will still occur.
Arizona law identifies many kinds of substances that can lead to a DUI charge. Examples of intoxicating substances under ARS 13-3401 include:
A prescription-only medication for a legal drug can also lead to a DUI charge if you do not have a valid prescription or if the drug impairs your driving ability.
A police officer in Oro Valley can arrest you for DUI even when your car is parked with the motor off.
Although Arizona’s DUI laws do not define what actual “physical control” means, court cases in the state have provided examples of what it is. The following are some of the factors that courts consider when deciding if you were in actual physical control:
DUI charges can also involve unique factors that are specific to each case.
For example, your penalties may be different if this was your first DUI or if you’ve had a previous DUI, medical marijuana DUI, out-of-state driver DUI, or a boating DUI. It is essential for your criminal defense attorney to tailor your defense strategy based on the exact circumstances of your individual case.
| DUI Type | Description |
|---|---|
| Standard DUI | Applies to a BAC of 0.01 to 0.149 or under the influence of an intoxicating substance |
| Extreme DUI | Applies to a BAC between 0.15 and 0.199 |
| Super Extreme DUI | Applies if your BAC level is more than 0.199 |
| Underage DUI | Applies to any BAC reading greater than 0.00 for individuals under 21 years old |
Aggravated DUIs in Oro Valley are felony-level crimes. An aggravated DUI can include:
If you are charged with aggravated DUI or any other felony charge, your case will be transferred to the jurisdiction of the Pima County Superior Court. The consequences of an aggravated DUI conviction can include prison time, substantial fines, the loss of your driving privileges, and probation.
This crime may be charged as a Class 4 or a Class 6 felony depending on the circumstances.
The penalties for a first-time Arizona DUI conviction can be severe and may include:
DUI cases in Oro Valley often result in plea deals to a lesser charge. This is why hiring an attorney to protect your rights upon arrest is important.
The type of DUI conviction the court imposes will determine the potential penalties that an Oro Valley prosecutor can seek against you.
Although a DUI prosecution is a criminal case, it still takes a criminal defense law firm with legal focus and specific training in Arizona DUI laws to give you the best legal advice and trial defense. Not every criminal defense attorney is experienced in practicing DUI defense.
For example, Arizona DUI cases often rely on the results of breathalyzer samples, field sobriety tests, and the police officer’s personal observations when interacting with you during a traffic stop. Not every ordinary criminal defense lawyer will know about these important considerations.
A Board-Certified DUI defense attorney through the National College For DUI Defense (the only accredited organization in the U.S. authorized to award this certification) can best identify weaknesses in the evidence against you to strengthen your defense.
Only four attorneys in Arizona are board-certified to represent clients as legal counsel in DUI cases. Our founding partner at the Rosenstein Law Group, Craig J. Rosenstein is one of them.
Our experienced defense attorneys in the Rosenstein Law Group make sure our clients benefit from the following important DUI defense experience:
An Arizona DUI conviction can have serious consequences. Outside of legal penalties, DUIs on your record could cause issues when getting a job, qualifying for a loan, being able to buy a firearm (if felony conviction results), and/or finding a place to live.
With this much on the line, it is important for you to hire experienced and reputable DUI defense counsel. With an experienced Oro Valley DUI lawyer providing a strong defense, you’ll have peace of mind during this difficult time.
If you have been arrested in Oro Valley under Arizona DUI laws, your Rosenstein Law Group attorney can help you through the detainment process and accompany you to law enforcement interrogations and interviews. Your DUI defense attorney can protect you from unintentionally incriminating yourself, and look for ways to submit a request for case dismissal based on legal or procedural errors.
Even if a case dismissal is not possible, your Rosenstein Law Group DUI defense lawyer will present the strongest defense strategy based on the specific circumstances of your case. Our law firm has the resources to hire expert witness professionals to strengthen your defense and to counter the testimony of any expert witnesses the DUI prosecutor calls on.
A strong defense by an experienced attorney against DUI charges in Oro Valley may keep you from being convicted of a crime. At the very least, a DUI defense lawyer can help reduce the charges and penalties.
Potential defenses to a DUI charge that our DUI defense lawyers can employ on your behalf can include:
It is important for you to know exactly what to do if you get accused of driving under the influence in Oro Valley.
Use the following tips to protect yourself as much as possible during a DUI arrest:
An experienced criminal defense attorney can take immediate steps to protect and defend your rights against drunk driving charges. Your attorney can help you navigate through the process of an arraignment hearing in Oro Valley Municipal Court, advise you on what plea to submit, and craft a strong defense strategy to guard you as much as possible from a DUI conviction.
If you or someone you know has been arrested for allegedly driving under the influence in Oro Valley, Arizona, contact the Rosenstein Law Group law office for immediate assistance. Our Oro Valley drunk driving attorneys can take over your case and make an aggressive DUI defense of your rights from the very beginning to improve your odds of success.
Call 480-248-7666 or contact us online for a free case evaluation with an Oro Valley DUI lawyer today.